BILL NUMBER: AB 1586	CHAPTERED  09/07/99

	CHAPTER   338
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 23, 1999

INTRODUCED BY   Assembly Member Florez

                        FEBRUARY 26, 1999

   An act to add Section 3307.5 to the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1586, Florez.  Public safety officers:  Procedural Bill of
Rights.
   The Public Safety Officers Procedural Bill of Rights Act provides
that no punitive action, nor denial of promotion on grounds other
than merit, shall be undertaken by any public agency without
providing the public safety officer with an opportunity for
administrative appeal.
   This bill would prohibit a public safety officer from being
required by his or her employing public safety department or any
other public agency, as a condition of employment, to consent to the
use of his or her photograph or identity as a public safety officer
on the Internet for any purpose if the officer reasonably believes
that the disclosure may result in a threat, harassment, intimidation,
or harm to that officer or his or her family.  The bill would permit
the officer to notify the department or agency to cease or desist
from that disclosure and to seek an injunction and a civil penalty
for unauthorized use after receipt of the notice to cease and desist.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3307.5 is added to the Government Code, to
read:
   3307.5.  (a) No public safety officer shall be required as a
condition of employment by his or her employing public safety
department or other public agency to consent to the use of his or her
photograph or identity as a public safety officer on the Internet
for any purpose if that officer reasonably believes that the
disclosure may result in a threat, harassment, intimidation, or harm
to that officer or his or her family.
   (b) Based upon his or her reasonable belief that the disclosure of
his or her photograph or identity as a public safety officer on the
Internet as described in subdivision (a) may result in a threat,
harassment, intimidation, or harm, the officer may notify the
department or other public agency to cease and desist from that
disclosure.  After the notification to cease and desist, the officer,
a district attorney, or a United States Attorney may seek an
injunction prohibiting any official or unofficial use by the
department or other public agency on the Internet of his or her
photograph or identity as a public safety officer.  The court may
impose a civil penalty in an amount not to exceed five hundred
dollars ($500) per day commencing two working days after the date of
receipt of the notification to cease and desist.
